Official JudgementOrder Denying Writ - BARSTOW, CA, March 24, 2006 -- A Barstow District Superior Court Judge has denied an 11th hour effort by Detroit-based Barwest LLC intended to keep Barstow voters from casting ballots on an Indian gaming measure set for the June 6 ballot.
Lawyers for Barwest attempted what Barstow District Superior Court Judge John P. Vander Feer categorized as eight different arguments trying to have Measure H removed from the Barstow ballots. The judge refused to consider six of eight arguments saying they did not justify interfering with the people's right to vote. The judge did take two of the claims under consideration but after review and hearing arguments from both sides, the judge stood by his preliminary findings and denied Barwest's attempt to stop the election. (Case No. BCV 08816)
Regarding the other two categorical claims made, the court found no evidence to support Barwest's claims and assertions that circulators and written documents mislead voters.
One of those claims was a technical matter involving a map reduced and included in the original petition documents to designate the general location of a proposed casino and resort development zone. In court transcripts, the Judge acknowledged a .2" discrepancy in the map but indicated "the fact that this map needs a little more orange, fractions of an inch to the north of the northern boundary is not sufficient to invalidate the will of the voters."
Barstow area pastors, community leaders and voters began calling for a vote on Indian gaming in 2003. Until last spring, Barwest backers and city leaders had ignored the request.
A local citizens group headed up by former Barstow city councilman Manuel "Gil" Gurule, the Committee for 2800 New Jobs, formed last year. After getting signatures of 2,300 individuals who support the measure, Gurule qualified the proposal. Last fall the city set the measure for the June 6, 2006 election.
Measure H would designate a casino and resort zone near Barstow's southern edge and following along Highway I-15 to keep casino development away from homes, schools, churches and parks; set up a citizens oversight committee to have input on future gaming matters; set aside 35% of all revenue generated by casinos for increased police and fire services. Passage of Measure H guarantees voter participation in future casino related decisions.
Gurule notes, "it's not been an easy task to get Measure H on the ballot - but we did it with the help of 2,300 neighbors."
"Every step of the way, Michigan-based Barwest operatives attempted to interfere with our election process. It's been a bit disheartening and discouraging considering these people form Detroit want to do business in our town."
"But with Judge Vander Feer clearing away this latest attempted roadblock, we're confident the voters of Barstow will finally be heard."
Barwest is based in Detroit, Michigan and headed by Marian Ilitch, owner of Detroit's Motor City Casino and a partner, Michael J. Malik, Sr. The duo has other ventures underway to back Indian Casinos in Michigan, on New York's Long Island and elsewhere.
For court hearing and deposition transcripts, copy of the Judge's decision conctact Manuel Gurule:
manuelgurule@verizon.net---
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